A job advertisement by the Teachers Service Commission indicating 45 years of upper age limit has caused an uproar.
Soyianka Lempaa, a Kenyatta University trained teacher moved to court claiming the age limit is discriminatory.
He argues retirement age in the public sector is 60 years, therefore, putting a lower age limit denies deserving Kenyans a chance to serve as teachers.
“The decision by TSC is therefore unreasonable, and discriminatory since there is no justification either in law or fact,” he stated.
“The matter has arisen within the jurisdiction of the court and unless this practice is stopped forthwith, many Kenyans will suffer,” he added.
Lempaa argues that a person who joins University at the age of 40 and graduates four years later with a degree in education, will not secure a job if such a condition is allowed.
He also states that the age limit is unreasonable because it does not come with any explanation considering Kenya is a democratic country.
According to Daily Nation, the trained teacher wants the court to declare the age limit rule arbitrary and unconstitutional as per the TSC Act and Employment Act of 2007.
He also wants the TSC to conduct a fresh recruitment process that has no age discrimination condition.
Judge Nelson Abuodha will hear the case on February 21 before the Employment and Labour Relations Court.
